In Pennsylvania, penalties for driving under the influence increase for second and subsequent convictions. While in many cases it is clear whether an offense constitutes a person’s first or second DUI offense, in some, such as in cases involving Accelerated Rehabilitative Disposition, it is less clear. The confusion over calculating whether a DUI charge is a second or subsequent offense was recently compounded by an intervening change in the law which was followed by a subsequent reversal shortly thereafter, as discussed in a recent ruling issued in a Pennsylvania DUI case. If you are accused ..read more

Under Pennsylvania law, while motorists suspected of DUI are deemed to consent to breath tests pursuant to the implied consent law, they must provide express consent to submit to a blood test. Such consent must be voluntary and informed, however. If it is not, and a test is administered regardless, there may be grounds for suppressing the results of the test. Recently, in a Pennsylvania DUI case in which the defendant argued his consent to submit to a blood test was not valid due to language barriers, the court explained the grounds for suppressing blood test results. If you are charged with d ..read more

Under Pennsylvania law, people should not be convicted of DUI crimes unless the prosecution establishes their guilt beyond a reasonable doubt. Doing so does not necessarily require the Commonwealth to introduce concrete evidence of a DUI defendant’s intoxication, however. Rather, as demonstrated in a recent Pennsylvania opinion issued in a DUI case, in many instances, circumstantial evidence is deemed sufficient to prove a defendant operated a vehicle while intoxicated. If you are accused of driving while under the influence in violation of Pennsylvania law, it is advisable to confer with a Pe ..read more

While people think of DUI offenses as involving people driving cars while under the influence of alcohol, under Pennsylvania law, DUI charges can arise out of the operation of any motor vehicle while impaired by any substance. This was demonstrated in a recent Pennsylvania opinion in which the court affirmed the defendant’s conviction for DUI while under the influence of marijuana, which arose out of a crash that occurred when he was operating a dirt bike. If you are suspected of a DUI crime, you should talk to a Pennsylvania DUI defense attorney about your rights. History of the Case It is re ..read more

People involved in fatal DUI collisions will often be charged with numerous crimes. In order to establish their guilt, the Commonwealth generally must only prove their conduct was the cause of the fatal crash. As discussed in a recent Pennsylvania case, the actions of the victims of the crash do not impact the defendant’s guilt. If you are accused of a DUI offense, it is smart to talk to a Pennsylvania DUI defense lawyer regarding your possible defenses. Factual and Procedural Background It is alleged that in November 2018, the defendant attended a gathering, smoked marijuana, and later consum ..read more

Most DUI arrests in Pennsylvania arise out of traffic stops. Law enforcement agents can only stop and question motorists for certain reasons, however, and if they surpass the scope of their authority, the stop may be illegal, and any evidence obtained during the stop may arguably be inadmissible. Recently, a Pennsylvania court assessed the reasonableness of a stop that led to a DUI arrest in a case in which it ultimately denied the defendant’s motion to suppress. If you are charged with a DUI offense, you should meet a Pennsylvania DUI defense attorney as soon as possible. Case History It is r ..read more

In many DUI cases, the Commonwealth will rely on direct evidence, like the results of a blood or breath test, to demonstrate that the defendant committed the charged offense. If such evidence is obtained during a traffic stop made without reasonable suspicion that the defendant committed a crime, however, it may not be admissible. Recently, a Pennsylvania court examined what is considered reasonable cause to effectuate a DUI traffic stop in a case in which the defendant appealed his conviction after the lower court denied his motion to suppress evidence obtained prior to his arrest. If you are ..read more

Many people know that they can be charged with DUI offenses in Pennsylvania for driving with a blood alcohol level of 0.08% or higher. They may not know, however, that they can also be convicted of DUI for operating a vehicle after consuming alcohol to the point of impairment, regardless of their blood alcohol level. Establishing guilt for general impairment DUI crimes usually requires the prosecution to rely on circumstantial evidence. In a recent Pennsylvania opinion, the court looked at what constitutes sufficient proof of general impairment. If you are accused of committing a DUI offense ..read more

Under Pennsylvania law, law enforcement agents must have reasonable suspicion of a crime in order to detain and interrogate someone. The reasonable suspicion standard does not mean that a person cannot be arrested for a DUI offense outside of a traffic stop, however. Instead, as demonstrated in a recent Pennsylvania ruling, evidence obtained while a police officer is performing community caretaking duties can serve as a basis for a DUI arrest and conviction. If you are charged with a DUI crime, it is smart to speak to a Pennsylvania DUI defense attorney about your options for seeking a just ou ..read more

If the police suspect that a person is driving under the influence of alcohol, they will typically detain them and conduct an investigation. The police do not have the authority to stop people without reasonable suspicion that they are committing a crime, though, and if they do, any evidence obtained during the stop may be inadmissible. In a recent Pennsylvania ruling issued in a DUI case, the court explained the differences between a mere encounter and an investigatory stop, ultimately rejecting the defendant’s argument that the stop in question was unlawful. If you are accused of a DUI offen ..read more